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Business Tenancies (Fair Dealings) Act 2003
24Key-money prohibited
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24 Key-money prohibited
accept key-money in connection with the granting of a retail shop
lease.
granting of the lease.
(3) If a person contravenes this section then, whether or not the person
is found guilty of an offence against subsection (1), the tenant is
entitled to recover from the landlord as a debt:
(a) a payment made by; or
(b) the value of any benefit conferred by;
the tenant and accepted by or on behalf of the landlord in
contravention of this section.
(4) This section does not prevent a landlord:
(a) requiring payment by the tenant of a reasonable sum for legal
or other expenses incurred in connection with the preparation
and entering into of the retail shop lease; or
(c) securing performance of the tenant's obligations under the
retail shop lease by requiring the provision of a bond, security
deposit or a guarantee from the tenant or another person
(such as a requirement that the directors of a company that is
the tenant guarantee performance of the company's
obligations under the lease); or
Business Tenancies (Fair Dealings) Act 2003 20
(d) seeking and accepting, from a purchaser of the business,
payment for goodwill of a business (but only to the extent that
the goodwill is attributable to the conduct of the business by
the landlord); or
(e) seeking and accepting payment for plant, equipment, fixtures
or fittings that are sold by the landlord to the tenant in
connection with the granting of the lease; or
(f) seeking and accepting payment for the grant of a franchise in
connection with the granting of the retail shop lease.